1. The Defendant (Counterclaim Plaintiff) paid KRW 8,720,000 to the Plaintiff (Counterclaim Defendant) and the amount from May 24, 2018 to October 30, 2018.

1. Determination as to the principal lawsuit

A. The Plaintiff asserts that, on July 24, 2017, the repayment period of KRW 12,00,000 was set at one year after the Defendant was lent to the Defendant, and that, in the event that the Defendant preferentially pays the amount repaid to the Defendant to the damages for delay calculated at the rate of 5% per annum, which is the statutory interest rate under the Civil Act, the principal would remain as of October 23, 2015, the Defendant shall pay to the Plaintiff the amount of KRW 10,671,233 as loans and the damages for delay from October 24, 2015.

In this regard, the defendant has borrowed KRW 12,00,000 from the plaintiff, but the defendant asserts that since there was no agreement on the period of repayment and interest, the amount of KRW 3,280,000 paid by the defendant should be appropriated for the repayment of principal.

B. The fact that the Defendant paid a total of KRW 3,280,000 to the Plaintiff from January 26, 2014 to October 23, 2015 is not a dispute between the parties.

On the other hand, it is not sufficient to recognize the fact that there was an agreement between the Plaintiff and the Defendant on the repayment period of the above loan, and there is no other evidence to acknowledge it, and there is no assertion or proof that the Plaintiff claimed the above loan against the Defendant prior to the filing of the lawsuit in this case. Thus, it cannot be recognized that the damages for delay occurred prior to the delivery date of the copy of the complaint in this case.

Therefore, the defendant's reimbursement should be appropriated for the principal.

Therefore, the defendant is obligated to pay to the plaintiff 8,720,000 won (12,00,000 won - 3,280,000 won) and damages for delay calculated at each rate of 15% per annum under the Civil Act from May 24, 2018, which is the day following the delivery of a copy of the complaint of this case until October 30, 2018, where it is deemed reasonable for the defendant to resist the existence and scope of the obligation.

2...